Here is a handy checklist to ensure that your domestic agreement covers mostly commonly negotiated matters at the time of cohabitation or marriage. This checklist is not an exhaustive list. Consulting a lawyer for review and advice is highly recommended.
- Agreement date – the date the last person signed the agreement.
- Full legal names of the parties.
- Purpose of the agreement.
- When did the cohabitation or marriage start?
- Full legal names, birthdates and parentage of all children.
- What matters will be covered in the agreement?
- Schedules of property owned by the parties at the time of cohabitation/marriage.
- Detailed statement about each party’s income, sources of income, assets and liabilities.
- Confirmation full and frank disclosure has been exchanged and reviewed by the parties.
- Clause regarding spousal support obligations in the event of a separation.
- Clause regarding support of the children.
- Clause regarding guardianship, parenting time and decision-making with respect to children. Note that these clauses are generally not enforced by the courts as the courts consider the best interests of the children at the time when such decisions are made.
- Clauses regarding ownership of property and how the property will be owned throughout the relationship/marriage.
- Clause regarding the matrimonial home, responsibility for the mortgage, repairs and maintenance.
- How the property will be divided in the event of a separation?
- Domestic arrangements between the parties. Note this cannot be enforced by the courts.
- A clause dealing with ownership and responsibility for pets.
- Clause regarding ownership, use, maintenance, registration, insurance and payments for vehicles.
- Gifts to one another during the course of the relationship/marriage and how they will be treated in the event of a separation?
- Ownership and dispositions of inheritances.
- Payments of existing debts and debts that may incur in the future.
- How domestic disputes to be resolved?
- Acknowledgement of receiving independent legal advice.
